Immigrants who come to this country to make their fortune should be considered
British for inheritance purposes even if they always planned to return home,
a judge has indicated.

He made the suggestions at the High Court where he is deciding whether the British or the foreign relatives of an Italian couple who lived in this country for more than 50 years should get the money from their will.

The case centres on the £3.14m legacy of a Hertfordshire man from an Italian family, who came to the UK in the 1950s "to make money" but, it is claimed, always hankered after returning to the old country.

Pierluigi Curati and his wife Emilia made two wills, in both the UK in 1980 and in Italy in 1994.

The British family claim that they should act independently and apply to separate assets in each country.

The Italian aunt believes that the latter will should take preference over all the inheritances.

Mr Justice Sales, giving his assessment of the case, said: "If you come to the UK with a general sense of "I'll go back home when I've made enough money", you can still find that that person intends to make the UK his home.

"In 1994 his wife was diagnosed with cancer and made it very clear she wanted to stay in the UK and have the benefit of our health service.

"Mr Curati ran a restaurant business for a very long time here. He married a woman who was born and brought up here. I think it is going to be argued that the UK was his home, even though he had it in the back of his mind that he would always return to Italy.

"It is not in doubt that he enjoyed spending time there and regarded his time in Italy as of importance ... (but) if somebody comes to the UK to make their fortune, that would be a situation where they had acquired England as their domicile of choice".

Mr Justice Sales has now reserved his decision on the case and will give his ruling at an unspecified later date.